For highlighting information about human rights violations suffered by 31 Burmese Migrant Workers who were working at Asahi Kosei(M) Sdn Bhd, in Charles Hector Blog, HR Defender, Charles Hector, has been sued for RM10 million by the said company.

ALIRAN has up a fund so that concerned groups and persons can contribute to the legal cost and expenses incurred by Charles Hector, Human Rights Defender, in the legal suit initiated by Asahi Kosei (M) Sdn Bhd. A lot of financial support is needed and your immediate assistance is needed.

Payments can be made by bank transfer to:

Persatuan Aliran Kesedaran NegaraBank account number:

107 246 109 510

Malayan Banking Berhad, Green Lane branch, Penang, Malaysia.

(If you are outside Malaysia, please include the “SWIFT” code for our bank: MBBEMYKL)

Please also email us at aliran@streamyx.com to indicate that it is a donation to Hector’s Legal Defence Fund.

Donations may also be made by cheque or bank draft made payable to Persatuan Aliran Kesedaran Negara. Mail your cheque/bank draft to us at 103, Medan Penaga, 11600 Jelutong, Penang, Malaysia, indicating clearly that it is a donation to the Hector Legal Defence Fund. [http://aliran.com/4590.html]

Court of Appeal dismisses activist's stay application

PUTRAJAYA (Aug 23, 2011): The Court of Appeal today dismissed an application filed by human rights activist Charles Hector Fernandez to stay a RM10 million libel suit against him at the Shah Alam High Court, pending the hearing of another application before the appellate court.

With the ruling, the libel suit is set to proceed today at the Shah Alam High Court before Judge Lim Yee Lan.

The court has set three days for the trial.

In submissions before the quorum, Fernandez's counsel, Francis Pereira said the application was made as hearings were pending in October for an application before the Court of Appeal over entering 31 Myanmar nationals as parties to the libel suit.

The 31 were said to be employees of the plaintiff in the libel suit, Asahi Kosei (M) Sdn Bhd.

"A determining factor would be who is the employer of these workers. Our argument is if the court is going to determine the employer of the workers, the workers must be made parties to the proceedings," said Pereira.

Asahi Kosei, an electronics and automotive parts manufacturer had filed the suit on Feb 14, 2011 seeking RM10 million in damages for six blog posts written by Fernandez related to the treatment of the 31 workers.

In rebuttal, Asahi Kosei counsel John Fam Sin Nin said that the application to make the Myanmar nationals parties to the proceedings was inconsistent with the earlier stand of the defence to call the 31 workers as witnesses.

Speaking to media after proceedings, Pereira said that one of the counter-claims sought was a declaration that Asahi Kosei is the employer of the workers and is responsible for their welfare.

The information provided by the workers. After they complaint about wages, wage deductions,.. they were threatened, there was attempts to send back workers to Burma, removal of electrical and cooking items and disconnection of electrical supply... Details of the said violations were then highlighted in the blog beginning 8/2/2011.

On 14/2/2011, the company did file the legal suit, and also an got ,amongst others, a 'gag' order' on 17/2/2011. All this were done without the knowledge of Charles Hector. The said order and the court documents was handed over to Charles Hector on 21/2/2011.

The stay applied for was not granted by the Court of Appeal on 23/08/2011, and the trial at the High Court in Shah Alam is expected to proceed on the following day, i.e. 24/8/2011, 25/8/2011 and 26/8/2011.

HR Defender, blogger and lawyer is being sued by Asahi Kosei(M) Sdn Bhd for highlighting injustices affecting 31 Burmese migrant workers working at the factory of the said company. Targeting those who highlight injustices is EVIL.